Common use of Eligible Changes Clause in Contracts

Eligible Changes. 13.3.1.1. Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT- 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: (a) additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) additional costs relating to Differing Site Conditions, Force Majeure Events, Hazardous Materials to the extent provided in Section 13.7; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.5 and Section 13.7.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; or (e) Price adjustments as specified in Section 12.1. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the DBA Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Appears in 2 contracts

Sources: Design Build Agreement, Design Build Agreement

Eligible Changes. 13.3.1.1. Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT- 13.3.1.2. DB 10.3.1.1 Maintenance Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Work Maintenance Services as follows: : (a) subject to Section 10.2.3, additional costs directly attributable to additional Work Maintenance Services resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; ; (b) additional costs in excess of $50,000 per incident for repairs to the Project caused solely and directly by third parties, and for which the Developer has submitted incident reports; (c) additional costs relating to Differing Site ConditionsHazardous Materials, and Force Majeure Events, Hazardous Materials to the extent provided in Section 13.710.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.5 and Section 13.7.2, to the extent provided therein; and (d) additional costs directly attributable to uncovering, removing and restoring Workthe work, to the extent provided in Section 5.4.3; or (e) Price adjustments as specified in Section 12.15.5.3. 13.3.1.3. DB 10.3.1.2 Maintenance Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 10 and elsewhere in the DBA CMA Documents, and furthermore is subject to DB Maintenance Contractor’s compliance with all notification and other requirements identified herein. DB Maintenance Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.210.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Appears in 2 contracts

Sources: Capital Maintenance Agreement, Capital Maintenance Agreement